‘Not necessarily a fatal flaw’: Longford man seeks to have case against him struck out
Longford District Court hears defendant contesting case on the basis that his summons was sent to incorrect address
Standing to address Judge Bernadette Owens at a recent sitting of Longford District Court, solicitor Frank Gearty explained why his client - Michael Dempsey of 79 McEoin Park, Longford - felt the state no longer had grounds to proceed with their case against him for multiple driving offences.
“Mr Dempsey is contesting the case on the basis that his summons was addressed to Michael Dempsey at 61 McEoin Park Longford but he does not reside at that address,” Mr Gearty explained.
“That’s not necessarily a fatal flaw,” replied Judge Owens.
“It’s not Judge...” Mr Gearty agreed, “...but having said that, he is making that case and wishes to have the case struck out on that basis.”
Reading Mr Dempsey's file, Judge Owens questioned the identity of the person to whom the summons had been delivered. ”Who's Pauline Dempsey?” she asked.
Standing beside Mr Gearty, the defendant replied, “my sister.” Mr Dempsey reiterated the point that his summons had been sent to the address of Pauline Dempsey, and that he had only received it because “someone else” had given it to him.
“But you're still here,” Judge Owens pointed out. “But I’m not Pauline Dempsey!” he replied.
The defendant added that he had also previously been scheduled to appear before the court on October 14, however he had been unaware of the listing as he had not received the letters due to the fact that they too had been sent to the incorrect address on file for him.
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Mr Gearty verified the claim of his client, and explained that correspondence sent to Mr Dempsey by his firm had also been returned due to the filed address being incorrect.
Mr Dempsey was brought before the court by prosecuting Garda, Alan Doherty, on allegations of driving offences on April 15 this year, at Killashee Road Townparks, Longford.
Mr Dempsey stands accused of failing to produce his driver’s license when requested by Garda Doherty, failing to produce it at a garda station within ten days of April 15, not holding a driver’s licence, driving without insurance, and no insurance disc.
Mr Dempsey is also before the court accused of driving without a licence and insurance on April 27 this year.
Judge Owens adjourned the matter until November 25.